IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10810 of 2004

In the matter of an application under Article 226 and 227 of

the Constitution of India.

Shyama Sundar Das

…. Petitioner

Mr. S.K. Swain, Advocate

-versus-

1. The Chairman, …. Opposite Parties

Disciplinary

authority, Puri

Gramya Bank, Head

Quarter Pipili,

At/P.O/P.S- Pipili,

Dist- Puri, Orissa

2. The Board of Directors (Puri

Gramya Bank),

represented though

Narayan Chandra

Pani, Asst. General Manger, NABARD,

office At-Puri Bus Stand out gate at Sarbodaya Nagar, Bangali Lane, P.O-

Puri-2, P.S-

Kumbharapada,

Dist- Puri

3. Neelachala Gramya

Bank represented through it’s Chairman, Head Office, Plot No.

A/19, Nilakantha Nagar, Bhubaneswar, Orissa

4. Odisha Grameen Bank represented through its Chairman, At-

Gadamunda, P.O- Khandagiri, Dist-

Khurda

5. Board of Directors, Odisha Grameen Bank represented through its Chairman, At-

Gadamunda, P.O- Khandagiri, Dist-

Khurda Mr. S.K. Das, Advocate CORAM: JUSTICE V. NARASINGH DATE OF FINAL HEARING : 18.08.2025 DATE OF JUDGMENT : 18.11.2025 V. Narasingh, J.

1. Heard Mr. Swain, learned counsel for the Petitioner and Mr. Das, learned counsel for the Opposite Parties.

2. The Petitioner, who was the Branch Manager of Satapada Branch of erstwhile Puri Gramya Bank, assails the order dated 03.02.2004 passed by the Opposite Party No.1- The Chairman, Disciplinary Authority, Puri Gramya Bank, vide Annexure-2 imposing punishment of dismissal from service and the confirmation thereof by the Appellate Authority- Opposite Party No.2, the Board of Directors vide order dated 31.08.2004 under Annexure-5.

3. It is apt to note that during the pendency of the matter, the status of Puri Gramya Bank was changed and the consolidated cause title to the said effect filed on 09.07.2025, is taken on record.

4. The undisputed facts germane for adjudication are stated as under;

The Petitioner while continuing as Branch Manager of Satapada Branch of erstwhile Puri Gramaya Bank was alleged to have committed serious and grave misconduct which resulted in financial loss to the Bank thereby violating Regulation

17 and 19 of Puri Gramya Bank Staff Service Regulation Act 1980 for which, disciplinary proceeding was initiated against him. The following were the charges;

“Charge No.1- You have converted 116 numbers of K.C.C. (Kharif Crops Credit) loans to M.T.C. loan due to Super Cyclone and additional loan of equal amount was also released under K.C.C. to the same loanees for Rabi Crop whereas there was no scope of Rabi Crop in the area for which (area) the loans were financed.

Your above actions are not in consonance with the laid down instruction of the Bank and by such of your act you have put a huge amount of Bank’s money in jeopardy.

Charge No 2 - You have financed the loans as mentioned in Charge no. 1 without observing the security norms i.e. no security was obtained for the loan where security ought to have been taken.

You above action are in conflict with the laid down instruction of the bank and by such of your action you have put a great deal of Bank’s money in jeopardy.

Charge No.3 - You have sanctioned/ disbursed more than one loan in favour of one borrower or his family members when the previous/

first loan is a till outstanding.

Your above mentioned actions are in serious conflict with laid down instruction of the bank and by such of your action you have put a great deal of banks money in jeopardy which is detrimental to the interest of the bank.

Charge No.4 – You have sanctioned/disbursed the following SGSY loans for which no subsidy has been obtained.

Your above mentioned actions are not in consonance with the laid down instructions of the bank and by such of your action you have put a great deal of bank’s money in jeopardy which is detrimental to the interest of the bank.

Charge No.5 – The following working capital loans were sanctioned/ disbursed by you but all such loans are now N.P.A.

All the above mentioned loans have become N.P.A. which go on to speak that there was no proper appraisal by you